The civil society organizations in The Gambia welcome the Government’s decision to gazette the draft Constitution on or before May 30th before presenting it to the National Assembly as prescribed by the 1997 Constitution. This is indeed timely and consistent with citizens’ expectations.
We commend the Constitutional Review Commission (CRC) for its effort to draft a new Constitution. The CRC’s consultations with citizens at home and in the diaspora were broad-based, inclusive, transparent, and interactive. The CRC also consulted selected institutions such as the Cabinet, the National Assembly, the political parties, the religious bodies, and the civil society for their opinions, which enabled the CRC to further improve the initial draft released in November 2019.
The final draft Constitution which was submitted to the President of The Republic on March 30th, 2020 and then released to the public the day after is indeed a fair reflection of the diverse opinions of the Gambian people.
Whilst not all opinions expressed in the consultative process have been incorporated the final draft, the civil society believes that the CRC has managed to produce a draft Constitution based on the views expressed by the majority of Gambians. The CRC also accommodated minority views in the interest of serving all citizens. The final draft Constitution has appropriately taken on board very progressive provisions from different African Constitutions and has now obtained both local and international acclaim.
As the executive and legislative branches of government consider the draft Constitution, the civil society offers the following recommendations to ensure that the constitutional review process is successful and reflects the will of the people:
TO THE EXECUTIVE
It is incumbent on the current government to take all urgent steps necessary to ensure that the draft Constitution is submitted unaltered to the National Assembly to respect the aspirations of the people.
The civil society recalls that short term gains must not overshadow the importance of a Constitution that serves the interests of present and future generations.
The civil society further urges the executive to sponsor the reform of the electoral laws once the new Constitution is passed.
TO THE NATIONAL ASSEMBLY
The Government announced that the final draft Constitution will be presented to the National Assembly in August for their deliberations.
The destiny of the nation will once again be entrusted to you, the National Assembly, to vote in a transformative draft Constitution that will finally obliterate the vestiges of 22 years of dictatorship and usher in a Third Republic.
The Civil Society urges the National Assembly to take into consideration, in its deliberations, the extensive public consultations that culminated into the final draft.
The Civil Society reiterates to the National Assembly the urgency of completing their deliberations and voting on the final draft in time to ensure the 2021 presidential election is held within a new constitutional framework.
TO POLITICAL PARTIES
Whilst acknowledging the contributions of the Political Parties to the draft Constitution during the consultative process, the Civil Society believe that your position on the final draft Constitution will be a key determinant of whether or not the country will usher in a new constitution in time for the 2021 presidential election. We therefore urge all political parties, as primary stakeholders, to prepare their National Assembly members in readiness for their deliberations on the draft in August of this year.
The civil society acknowledges and agrees with the political parties on the importance of respecting the rule of law and holding a credible referendum in time, before the 2021 presidential election.
TO THE INDEPENDENT ELECTORAL COMMISSION
The Civil Society calls on the Independent Electoral Commission (IEC) to honor its mandate by the timely conduct of voter registration leading to the holding of a constitutional referendum by the end of 2020.
Being fully aware of the impacts of COVID-19 pandemic and time limitation towards the 2021 election, the civil society urges the IEC to share with the people of The Gambia its plan of actions, calendar and challenges thereof relating to the conduct of voter registration and referendum. This will allow for proper planning with major stakeholders including the Ministry of Health, resource mobilisation and citizen engagement for the exercises to be rolled out while upholding recommended barrier gestures to prevent the spread of COVID-19.
The aspirations of the people of The Gambia is to hold the 2021 election under the new constitutional framework to usher in a new democratic era for the current and future generations.
TO CITIZENS
The Civil Society asks the citizenry to continue to engage and demonstrate commitment to ensuring that the final draft Constitution, which reflects the will of the people, is passed before the 2021 election. The future of our country is at stake and the choice is between regression by maintaining the 1997 Constitution or marching forward into a new destiny by birthing a new Constitution.
The Constitution is the first building block in the creation of The “New Gambia”. Ultimately, The Gambia we have is The Gambia we want and The Gambia we create.
TO THE INTERNATIONAL COMMUNITY
The Civil Society recognizes the important role played by the international community in the restoration of our democracy and their continued support in the strengthening good governance and sustainable development.
The Civil Society calls on our international partners to continue their support of the Constitutional Review Process to its logical conclusion to enable the citizenry exercise their choice through a referendum and usher in a Third Republic before the 2021 election.
We call on our development partners to continue supporting the Government and the civil society to enable the country to achieve this major milestone.
As we call on all stakeholders of the constitutional review process to remain committed to introduce a new Constitution, the civil society pledges to provide the necessary support to help our country turn a new page.
Conclusion
The goal of the Constitution building process is to enable the country transition to a full-fledged democracy that stands on the values and standards of sovereignty, separation of powers, republicanism, democracy, national unity, public participation, and peace. The promulgation of a new Constitution based on the above-mentioned values is the foundation of a “New Gambia” and the most important milestone in the consolidation of our democracy.
Signatory Civil Society Organizations
CC:
Secretary General, Office of the President of the Republic of The Gambia
Speaker of the National Assembly of the Republic of The Gambia
Chief Justice of the Republic of The Gambia
Chairperson of the Independent Electoral Commission
Political Parties
United Nations Special Envoy for West Africa
Economic Community of West African States (ECOWAS) Mission in The Gambia
European Union Office in The Gambia
United Nations Resident Coordinator in The Gambia
Diplomatic Corps
Media
